Flight attendants' union said it will violate a federal back-to-work directive.
After months of deadlock, 10,000 Air Canada flight attendants walked off the job early Saturday morning. The federal government intervened hours later to impose binding arbitration, thereby ending the strike – or so it thought.
The union representing Air Canada flight attendants announced Sunday that it will reject the back-to-work mandate and remain on strike.

Here's all you need to know.

The federal government intervened and ended the walkout, which began Saturday at 12:58 a.m. ET, by citing a disputed provision of labor law.

Jobs Minister Patty Hajdu cited Section 107 of the Canada Labour Code, which provides her the authority to halt a work stoppage in order to "maintain or secure industrial peace."

Hajdu utilized her authority to direct the Canada Industrial Relations Board (CIRB) to order both the airline and the striking workers to return to work. The CIRB asked Air Canada on Sunday to restart operations and return flight attendants to their positions by 2 p.m. ET.

Hajdu stated that she decided to intervene in the union dispute because "the potential for immediate negative impact on Canadians and our economy is simply too great."

"Now is not the time to take risks with our economy," Hajdu stated at a news conference in Ottawa on Saturday. "A work stoppage would cause thousands of Canadians to be stranded abroad and across this country and this is simply unacceptable."

Section 107 was previously a little-known provision of legislation. However, the Liberal government used it in a number of key disputes last year, returning unionized staff to work at ports, train yards, and the Canada Post.

Unions are suing the federal government for repeatedly using Section 107, claiming that it violates Canadians' constitutional right to strike and sours the negotiation process

The Air Canada Component of the Canadian Union of Public Employees (CUPE) said Sunday morning that it will refuse to comply with the CIRB's back-to-work directive.

Picket lines persist at airports in Toronto, Montreal, Vancouver, and Calgary.

In a statement issued Sunday, the union cited "a staggering conflict of interest" involving the CIRB's head, Maryse Tremblay, who worked as legal counsel for Air Canada for over seven years, from 1998 to 2004, according to her LinkedIn page.
In recent days, Air Canada has advocated for government action to resolve the negotiation standoff.”

"We will be challenging this blatantly unconstitutional order that violates the Charter rights of 10,000 flight attendants, 70 per cent of whom are women, and 100 per cent of whom are forced to do hours of unpaid work by their employer every time they come to work," the organizing group stated.

Air Canada and CUPE have been discussing a new deal for flight attendants since the last 10-year contract expired in March. According to CUPE, the main points of concern are salaries, work restrictions, and unpaid hours.

According to CUPE, numerous activities performed by flight attendants before to boarding and after deplaning, such as performing necessary safety checks and aiding passengers, are unpaid under the existing pay system.

In recent years, the federal government has invoked Section 107 on several occasions. However, it is unusual for a union to disregard a CIRB order.

"The penalties could be significant" for the union, labour law expert Adam King told CBC News in an interview.

Defying a legitimate back-to-work mandate could result in union fines or worker termination. In rare situations, it may even result in criminal charges.

In 1978, members of the Canadian Union of Postal Workers were ordered back to work during a national strike. Jean-Claude Parrot, the union's president at the time, ignored the order, and workers remained on picket lines for a week after it was issued. Parrot was jailed for two months for refusing to comply.

But King said it's also possible that CUPE's refusal to comply could work in the union's favour.

He used the example of Ontario Premier Doug Ford's administration sending CUPE education workers back to work when they went on strike in 2022.

The Ontario government has repealed the anti-strike rule for CUPE education workers.

"The entire provincial labour movement responded by threatening a general strike. And the government was forced to back down and take their legislation away," King said.

"If something similar happens here, we could very well see no penalties. If labour mobilizes in support of the flight attendants, they could very well be victorious in this."

CBC News reached out to Hajdu for an update on how the government will respond.

Hajdu requested that the CIRB issue the order, but her staff forwarded inquiries to the board.

Air Canada said in a statement on Sunday that it will suspend plans to resume operations after CUPE indicated its intentions to remain on strike. The airline has cancelled 240 flights that were planned to commence this afternoon.

The airline says it will restart flights on Monday evening.

With flight attendants refusing to return to work, it is unclear how Air Canada intends to run these flights. CBC News has reached out to the airline for information.

Flights by Air Canada Express, which are operated by third-party airlines Jazz and PAL, are not affected.

About 130,000 customers will be impacted each day the strike continues, the airline said last week.

The airline says customers whose flights have been cancelled will be notified and are "strongly advised" not to go to the airport unless they have confirmed flights on other airlines.

Air Canada says it will offer those with cancelled flights other options, including a refund or credit for future travel. For customers due to travel soon, the airline said it will also offer to rebook customers on other carriers, "although capacity is currently limited due to the peak summer travel season."